Gold Standard, Inc. v. American Barrick Resources Corp.

STEWART, Justice:

Plaintiff Gold Standard, Inc., obtained interlocutory review of a district court order holding that Gold Standard could make no further use during discovery of two documents of Getty Oil Company and Getty Mining Company because they were subject to the work product privilege. We hold that the documents are not subject to the work product privilege and that even if they were, Getty waived its right to assert that privilege.

I. FACTUAL BACKGROUND

In December 1973, Getty and Gold Standard entered into a joint operating agreement for the development of the Mercur mine in Tooele…